RULE 116. MILEAGE REGULATIONS.  (a) When from any cause it becomes necessary to reduce the number of engineers on the engineers' working lists on any seniority district, those taken off may, if they so elect displace any fireman their junior on that seniority district under the following conditions:  

(b) That no reductions will be made so long as those in assigned or extra passenger service are earning the equivalent of 4000 miles per month; in assigned, pooled or chain gang freight, or other service paying freight rates, are averaging the equivalent of 3200 miles per month. That when reductions are made they shall be in reverse order of seniority.  

(c) When engineers are laid off on account of reduction in service, they will retain all seniority rights provided they return to actual service within thirty (30) days from the date their services are required. Reduced men will be required to keep the Superintendent's Office informed as to their whereabouts at all times, and they shall be ordered to report in the order of their seniority. Suspended men returning to service will be furnished necessary transportation over this Company's lines to point of employment.  

(d) Engineers taken off under this rule shall be returned to service as engineers in the order of their seniority as engineers, and as soon as it can be shown that engineers in assigned or extra passenger service can earn the equivalent of 4800 miles per month, in assigned, pooled, chain gang or other regular service paying freight rates the equivalent of 3800 miles per month.  

(e) In the regulation of passenger or other assigned service, sufficient men will be assigned to keep the mileage or equivalent thereof within the limitations of 4000 and 4800 miles for passenger service, and 3200 and 3800 miles for other regular service as provided herein. If in any service additional assignments would reduce earnings below these limits, regulations will be affected by requiring the regular assigned man or men to lay off when the equivalent of 4800 miles in passenger or 3800 miles in other regular service has been reached.  

As an exception to the foregoing, an engineer assigned to Interdivisional pool Service, who has accumulated 3800 miles in his checking period, and his pool turn will depart his home terminal prior to his checking date, may, nonetheless, his, work his assignment; provided, however, that the over-miles will be carried over into his next checking period, making in reality a sixty (60 day checking period rather than the normal thirty (30) day. Upon attaining maximum mileage of 7600 miles for the sixty (60) day period, he must be relieved, except as provided in Section (n).  

(f) On road extra lists maintained to protect passenger service only, a sufficient number of engineers will he maintained to keep the average mileage or equivalent thereof between 4000 and 4800 miles per month.  

On other road extra lists, a sufficient number of engineers will be maintained to keep the average mileage or equivalent thereof between 3000 and 3800 miles per month.

  When road extra lists (other than passenger) are increased or reduced, adjustments shall be made by placing on the extra list or taking from the extra list a sufficient number of engineers to bring the average miles per month nearest 3400 miles.  

(g) Engineers used in both freight and passenger service will be permitted to make the equivalent of 3800 miles in freight service. Passenger miles will be equated to freight miles on the basis of 1 2 miles passenger equaling one mile freight. Freight miles will be equated to passenger miles on basis of one mile freight equaling 1 2 miles passenger. .

(h) In assigned yard service, regulation will be made by requiring each regularly assigned engineer to lay off when he has earned the equivalent of 35 days per month.  

(i.) In extra yard service a sufficient number of engineers will be maintained to keep the average earnings between 26 and 35 days per month; provided that when men are cut off the working list and it is shown that engineers in yard service are averaging the equivalent of 31 days per month, engineers will be returned to service if the addition will not reduce the average earnings below 26 days per month.  

(j) In regulating working list in respective classes of service, each list will be handled separately.  

(k) Pool freight lists shall be checked on a specified day and time each week, and, where necessary, adjusted on the basis of the average miles during the preceding fourteen (14) days.  

(l) in unusual or emergency situations additional engineers may be added to the extra lists to meet service requirements, and when such unusual or emergency conditions cease to exist the men added will be promptly taken off.  

(m) Statement of mileage made by engineers in all classes of service shall be furnished the regularly constituted committee on completion of payrolls for each semi-monthly pay period.  

The company shall supply local chairman with a statement showing the name of each engineer who exceeds his maximum miles

  (n) lf any engineer exceeds his maximum miles or days in any thirty (30) day working period, the excess miles or days will be charged to his mileage or days in the following working period. This will not apply when all demoted engineers have been returned to the engineers' working lists.  

The working period of each employee as provided herein shall be a period of one month starting with the date on which he was employed. (modified to the day of the month of your birthday.)    

EXAMPLE An engineer was born on September 17th. His checking period shall begin on the 17th day of each month. 

An engineer who cannot be released account attaining his maximum miles in two consecutive checking periods shall not be charged with such excess miles in the third checking period.    

EXAMPLE An engineer exceeds his maximum miles account shortage of men in his checking period ending October 15th. Such excess miles are charged to his checking period which ends November 15th. If he exceeds his maximum miles in the checking period which ends November 15th account shortage of men such excess miles shall not be carried over and charged to his checking period which ends December 15^th.  

(o) An extra engineer who is absent from service to comply with the mileage regulations shall not, except in emergency, return to the extra board until 12:01 AM of the day on which his new checking period begins.  

(p) In the regulation of mileage neither the minimum nor the maximum is guaranteed.  

(q) Officers of the company and designated representatives of the Brotherhood will cooperate in regulating working lists and extra boards of engineers in such manner that the mileage accumulated shall be maintained within the limitations provided for herein.  

(r) Engineers will be required to register each trip the total number of miles made by them up to the time of registry each day or trip when final registry is made. It is understood that no penalty whatsoever attaches to the company with respect to this arrangement.  

Any engineer who fails to register his accumulated mileage at the completion of each trip, into his home terminal, will not be entitled to his turn out. Engineers from the extra lists protecting the assignment of an engineer who is off for miles, will be released upon completion of the trip into home terminal point following end of assigned engineer's checking period. The assigned engineer must protect his run the first day it works following his checking period unless granted a leave of absence.  

(s) Except as otherwise provided, any engineer who intentionally exceeds the maximum miles set forth herein or other agreement between the Brotherhood and the Company, in any class of service or maximum days per month in yard service, will be penalized two (2) miles for each mile in excess of the maximum set forth for the class of service. The two (2) for one penalty will be applied to the miles in the succeeding checking period. For example:  

An engineer who intentionally exceeds his 3800 maximum miles in freight service by 300 miles during his checking period, will be taken out of service when he has attained 3200 freight miles in his succeeding checking period.  

An engineer who has maintained his maximum miles and cannot be released by the Company account shortage of men shall not be penalized as herein provided. In such circumstances the Crew Dispatcher will furnish tie involved engineer a written statement to that effect for his presentation to the Local Chairman, provided an engineer who applies for relief must be relieved before another engineer is relieved upon attaining maximum miles.